Karnataka Court June 1981 Judgments
B.R. Vishwanath Singh Vs. Shivalingaiah
Court: Karnataka
Decided on: Jun-30-1981
Reported in: AIR1982Kant81; ILR1981KAR1405
ORDER1. This petition, filed as it is, under S. 115 of the Civil P. C., is directed against an order, dt. 10-4-1981 of the Munsiff and J. M. F. C., Mandya, on an interlocutory application (I. A. III) in 0. S. No. 113 of 1980 pending on the file of that Court. Petitioner Viswanath Singh is the plaintiff and respondent Shivalingaiah is the Ist defendant in the said suit. In that suit the plaintiff is claiming permanent injunction against the defendants in respect of the suit schedule land. The plaintiff had filed an application under 0. 39, Rr. 1 and 2 claiming temporary injunction on the ground that he was in possession of the land in dispute. The Munsiff issued notices to defendants regarding this. The 1st defendant, on entering appearance, filed I. A. III under 0. 19, R. 1 of the Code seeking permission of the Court to file a few affidavits of the neighboring cultivators along with his objections opposing the plaintiff's claim for a temporary injunction. The plaintiff opposed 1. A. 11...
Tag this Judgment!Karnataka State Financial Corporation Vs. Sri Nithyananda Bhavan and a ...
Court: Karnataka
Decided on: Jun-29-1981
Reported in: AIR1982Kant179; ILR1981KAR1347; 1981(2)KarLJ321
Jagannatha Shetty, J.1. The appellant is a Financial Corporation. The respondent, Narayana Ramachandra Naik, is a businessman and is the proprietor of a hotel called 'Nityananda Bhavan' at Ramadurg, Dist: Belgaum. In 1970, the Corporation sanctioned a loan of Rs. 2 lakhs for expanding the hotel business, out of which the respondent obtained Rs. 1,59,00,0/-. The loan was repayable with interest at 9 per cent per annum in twenty half yearly equal installments and the first of such installment was payable on 22nd Feb., 1972. If the installments were not paid on the due dates, they should carry interest at 11 per cent per annum from the due date up to the date of payment.2. The respondent committed default in payment of the installments. The Corporation, therefore,' moved the District judge under S. 31 of the State Financial Corporations Act, 1951, for a declaration that the respondent was due in a sum of Rs. 2,00,348-36 and interest at 11 per cent per annum on Rs. 1,59,0001- from the date...
Tag this Judgment!Sundara Shetty Vs. K. Sanjiva Rao and ors.
Court: Karnataka
Decided on: Jun-29-1981
Reported in: AIR1982Kant84; ILR1981KAR1335; 1981(2)KarLJ313
Sabhahit, J.1. This appeal by the claimant is directed against the judgment and award dated 20-10-1975, passed by The Member, Motor Accidents Claims Tribunal, South Kanara, Mangalore, in Miscellaneous (MVQ Case No. 21 of 1967, on his file, dismissing the petition of the claimant for compensation for the injuries suffered by him in the motor accident.2. Injured Gunapala Shetty, a boy of 9 years, was going on 27-1-1967 along with his brother Dhanapala Shetty (PW-6) to the school. The school was on the eastern side. At that time, according to the claimant, a car bearing Registration No. MYX 655, which was being driven from west to east in a rash and negligent manner by its driver came and dashed against Gunapala Shetty from behind, as a result of which he fell down, sustaining severe injuries. He was removed in another taxi to PW 7 Dr. M. S. Naik, who advised that Gunapala Shetty should be taken to Wenlock Hospital, Mangalore. Accordingly Gunapala Shetty was taken to Wenlock Hospital. He ...
Tag this Judgment!Regional Director, E.S.i. Corporation Vs. L. Ranga Rao and ors.
Court: Karnataka
Decided on: Jun-24-1981
Reported in: ILR1981KAR1255; 1981(2)KarLJ197; (1982)ILLJ29Kant
Jagannatha Shetty, J.1. This appeal is preferred against the order passed by the Employees Insurance Court on an application made under S. 75 of the Employees Insurance Act, 1948 (called shortly as 'the Act') 2. Briefly stated, the acts in outline are these : The respondent before us were applicants before the Employees Insurance Court. Their son Sudhindra Kumar was an employee of M/s. Mysore Breweries Ltd., Yeshanthpur, Bangalore. He was working as a Refrigerator Operator in the said factory. On 10th August, 1978 when he was on his way to the factory to join duty in the third shift which was to commence at 10-00 p.m., he was run over by an unidentified motor vehicle causing his death at the spot. Unfortunately the vehicle could not be traced and, therefore, the respondents could not approach the Claims Tribunal constituted under the Motor Vehicle Act. They moved the Employees Insurance Court under S. 75 of the Act claiming the benefits payable under the Act on the ground that their so...
Tag this Judgment!Byalappa Vs. State of Karnataka and ors.
Court: Karnataka
Decided on: Jun-23-1981
Reported in: AIR1982Kant99; ILR1981KAR1017
Venkatachala, J.1. By consent of learned counsel, this appeal was treated as having been posted for hearing and we heard them.2. This appeal is from the order of Bhimiah, J., in Writ Petition No. 6512 of 1977. Respondent 3 therein has presented this appeal. Since the petitioner therein died during the pendency of the writ petition, his legal representatives are arrayed as respondents 3 (a) to 3 (d) in this appeal. For the sake of convenience, the parties will hereinafter be referred to according to their respective positions in the writ petition.3. Respondent 3 had made two applications under S. 48-A of the Karnataka Land Reforms Act, 1961 (hereinafter referred to as 'the Act') before the Land Tribunal, Bangalore North Taluk (hereinafter referred to as 'the Tribunal'), seeking occupancy right in respect of 3 acres 1 gunta of land comprised in Survey No. 41/2 of Sasvegatta village, Bangalore North Taluk, belonging to the petitioner. Those applications were granted by the Tribunal by its...
Tag this Judgment!Basappa and anr. Vs. K.H. Sreenivasa Reddy and ors.
Court: Karnataka
Decided on: Jun-19-1981
Reported in: AIR1982Kant30; [1983]54CompCas291a(Kar); ILR1981KAR1324
Sabahit, J.1. These two appeals arise out of a common judgment and awards dated 7-12-1978 passed by the Member, Motor Accidents Claims Tribunal, Chickmangalur in (MVC) Cases Nos. 6 and 9 of 1978, on his file, dismissing the two petitions.2. The deceased in Miscellaneous (MVQ Case No. 6 of 1978 and the injured in Miscellaneous (MVC) Case No. 9 of 1978 Were traveling on 17-8-1977 at about 2.00 P. M. in bus bearing Registration No. MYS 6418 belonging to respondent I and driven by respondent 2 in the petition. When the bus was going on its proper side, a 'KSRTC` bus dashed against the said bus as a result of which Smt. Sharadamma and Shri Malleshappa, the passengers in the private bus, sustained injuries. Smt. Sharadammia died as a result of the injuries sustained. Shri Malleshappa, the injured, sustained fracture of the right collar bone. The husband of deceased Smt. Sharadamma instituted Miscellaneous (MVQ Case, No. 6 of 1978 claiming compensation of Rs. 50,000/- from the respondents viz...
Tag this Judgment!T. Krishnappa and anr. Vs. H. Lingappa
Court: Karnataka
Decided on: Jun-19-1981
Reported in: AIR1982Kant58; ILR1981KAR1276; 1981(2)KarLJ225
ORDER1. The tenant-petitioner has filed I. A. V and wants the Court to consider the subsequent events and consider if the respondent has failed to establish his reasonable and bona fide need treating the application as an I. A. in the petition or a C. P. and recall the order, The respondent-landlord opposed this application.2. The petitioner has also filed I. As. VII. VIII and IX under O. 47. Rule 2 r/w. Section 151 C. P. C. for a direction to the respondent or his sons to produce the gale deeds referred to therein under which properties are acquired subsequent to the respondent applying for possession of the property leased and to receive the same as additional evidence.3. I. A. X is an application for condoning the delay in filing I. A. V. treating it as one filed under Order 47, R. 1 C. P. C. In the affidavit in support of this application, the petitioner has stated that the reasons for the delay have already been set out in the affidavit supporting I. A. V. The respondent in his ob...
Tag this Judgment!G.C. Siddalingappa Vs. G.C. Veeranna
Court: Karnataka
Decided on: Jun-18-1981
Reported in: AIR1981Kant242; ILR1981KAR1270; 1981(2)KarLJ323
ORDER1. This civil revision petition is directed against the order dated 28-2-1981 passed by the learned Civil Judge, Tiptur, in M. A. 7. of 1981 granting an interim order of stay on I. A. No. 3 filed by the respondent in Misc.; Appeal No. 7 of 1981.2. The matter arises in this way: The respondent has filed the suit bearing O. S. No. 102 of 1980 in the Court of the Munsiff at Chikkanayakanahalli for a declaration of title and for permanent injunction in respect of certain immoveable property. In that suit, an application for temporary injunction was filed and an ex parte order of temporary injunction was also passed. Thereafter, the petitioner-had filed 1. A. No. 7 for vacating the ex parte order of temporary injunction. The learned Munsiff, after hearing, both the sides, modified the order dated 16-41980 and vacated the order of temporary injunction in so far it related to 10 guntas of the suit land by the order dated 25-2-1981. On the very day, the petitioner has filed the caveat in ...
Tag this Judgment!Jayanthilal R. Tunk Vs. Commissioner of Income Tax and anr.
Court: Karnataka
Decided on: Jun-15-1981
Reported in: (1982)28CTR(Kar)10
ORDERChandrakantaraj Urs, J.1. Petitioner who is an Income-tax assessee has preferred these writ petitions challenging the best judgment assessment made by the second respondent-ITO, Gulbarga and the order of the CIT Karnataka Circle I, Central Revenue Buildings, Bangalore-1, passed u/s 264 of the IT Act, in respect of asst. yrs. 1970-71, 1975-76, 1976-77. 2. The facts may be briefly stated as follows : The assessee is running a hotel under the name and style Sharada Sweets', Fort Road, Gulbarga. The revenue had information that the assessee was having a taxable income from that business and that he had not filed the returns. The second respondent-ITO, issued notices u/s 148 of the IT Act (hereinafter referred to as the Act) for the asst. yrs. 1970-71, 1975-76 and 1976-77. Assessment orders were also passed u/s 144 of the Act, for the asst. yrs. 1970-71, 1975-76 and 1976-77. Petitioner filed return for the aforementioned three years declaring income Rs. 3,800 for each of those years. O...
Tag this Judgment!Mastan Vs. the State of Karnataka and ors.
Court: Karnataka
Decided on: Jun-10-1981
Reported in: ILR1981KAR1209; 1981(2)KarLJ365; [1982]50STC189(Kar)
ORDERChandrakantaraj Urs, J.1. In this writ petition, the petitioner, who is a driver of the transport carrier, has prayed for a declaration that the orders of the second and third respondents at exhibits B and C detaining the goods which he carried in his lorry on 4th April, 1977, as being illegal and consequentially to quash the same. He has also prayed for a writ of mandamus directing respondents 1, 2 and 3 to return the goods which they have detained as noted in exhibits B and C respectively. 2. The facts leading to this petition may briefly be stated as follows : 3. At the relevant time, the petitioner was an employee of Raghu Venkateswara Transport, the proprietor of which is one Shri Adi Murthy. On 3rd April, 1977, the petitioner was entrusted by his employer with a load of steel furniture consisting of 15 steel almirahs, 18 steel racks, 19 steel trays for being transported under invoices Nos. 112, 121, 122 and 123 bearing even date and issued by M/s. Venus Steel Industries, Ban...
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